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Civil Law Test - 3 (Judicial Services)

Description: Civil Law Test - 3
Number of Questions: 20
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Tags: Civil Law Test - 3 Civil Law
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If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim

  1. shall be stayed

  2. nevertheless be proceeded with

  3. may be continued with the leave of the High court

  4. No specific provision


Correct Option: B
Explanation:

Option (1) is incorrect: Shall not be stayed

Option (2) is correct: Under Order VIII, Rule 6D of the CPC, if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.  Option (3) is incorrect: Can never be continued even with the leave of the High Court

Any objection to answering any interrogatory may be taken on the ground that it is

  1. irrelevant

  2. scandalous

  3. not exhibited bona fide

  4. All or any of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

Option (2) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

Option (3) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer. Option (4) is correct: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

 

On which of the following grounds can an aggrieved person not apply for a review of an order or judgement of a Civil Court?

  1. A decree or order from which an appeal is allowed, but from which no appeal has been preferred

  2. A decree or order passed in the absence of the aggrieved person

  3. A decree or order from which no appeal is allowed

  4. A decision on a reference from a court of small cause


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which an appeal is allowed, but from which no appeal has been preferred. Option (2) is correct: An aggrieved person cannot apply for a review of an order or judgement of a Civil Court by a decree or order is passed in the absence of the aggrieved person.

Option (3) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which no appeal is allowed. Option (4) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decision on a reference from a court of small cause.
 

Period of detention in civil imprisonment, as a consequence of disobedience or breach of any injunction, shall not exceed

  1. one month

  2. three months

  3. six months

  4. one year


Correct Option: B
Explanation:

Option (1) is incorrect: In case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Option (2) is correct: Under Order XXXIX, Rule 2A of the CPC, in the case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Option (3) is incorrect: In the case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months. Option (4) is incorrect: In the case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted, the court shall

  1. dismiss the whole suit

  2. dismiss the suit so far as it relates to the remainder

  3. pass the decree of the whole claim

  4. proceed ex-parte (proceedings) against the defendant


Correct Option: B
Explanation:

Option (1) is incorrect: The court shall not dismiss the whole suit.

Option (2) is correct: Under Order IX, Rule 8 of the CPC, where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the court shall make an order that the suit be dismissed and where part only of the claim has been admitted, the court then shall dismiss the suit so far as it relates to the remainder.

Option (3) is incorrect: The court shall not pass the decree of the whole claim. Option (4) is incorrect: The court shall not proceed ex-parte (proceedings) against defendant.

In the case of a public nuisance, a suit for declaration and injunction may be instituted by two persons

  1. with the leave of the court

  2. having obtained the written consent of the advocate general

  3. Both (a) and (b)

  4. having obtained oral consent of the advocate general


Correct Option: C
Explanation:

In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-(a) by the Advocate-General, or(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

Hence option (3) is correct.

Mohan, residing in Mumbai, beats Sohan in Delhi. Sohan may sue Mohan

  1. only in Mumbai

  2. only in Delhi

  3. either in Mumbai or in Delhi

  4. where Sohan resides

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Sohan may sue Mohan where cause of action arises, i.e. in Delhi or where Mohan resides, i.e. in Mumbai. Option (2) is incorrect: Sohan may sue Mohan where cause of action arises, i.e. in Delhi or where Mohan resides, i.e. in Mumbai. Option (3) is correct: Under section 19 of the Code of Civil Procedure, where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides or carries on business or personally works for gain within the local limits of the jurisdiction of another court, the suit may be instituted at the option of the plaintiff in either of the said courts.

Which of the following properties is not liable to attachment and sale in execution of decree?

  1. Government Security

  2. Promissory Note

  3. Books of Account

  4. Bond


Correct Option: C
Explanation:

Option (1) is incorrect: Liable to attachment and sale in execution of a decree Option (2) is incorrect: Liable to attachment and sale in execution of a decree Option (3) is correct: Under Section 60 of the CPC, books of accounts shall not be liable to such attachment or sale in execution of decree. Option (4) is incorrect: Liable to attachment and sale in execution of a decree

An order passed under Section 151 of the CPC is

  1. appealable

  2. revisable

  3. not liable to be interfered with

  4. not reviewable


Correct Option: B
Explanation:

Option (1) is incorrect: An order under Section 151 of the Code of Civil Procedure is not appealable.

Option (2) is correct: An order under Section 151 of the Code of Civil Procedure is revisable only.

Option (3) is incorrect: Required to be revised only Option (4) is incorrect: Always reviewable

Caveat shall not remain in force after the expiry of

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision

Option (2) is incorrect: No such provision

Option (3) is correct: Under Section 148A(5) of the Code of Civil Procedure, where a caveat has been lodged, such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless the application referred to in subsection (1) has been made before the expiry of the said period. Option (4) is incorrect: No such provision

Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction, to appear in person if he resides within

  1. India

  2. the local limits of that state in which the court is situated

  3. the local limits of that district in which the court is situated

  4. certain limits from the place where the court is situated


Correct Option: D
Explanation:

Option (1) is incorrect: Within certain limits from the place where the court is situated

Option (2) is incorrect: Within certain limits from the place where the court is situated

Option (3) is incorrect: Within certain limits from the place where the court is situated Option (4) is correct: Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction, to appear in person if he resides within certain limits from the place where the court is situated.

Can the appeal or revision court return the plaint under Order 7, Rule 10 of the CPC after setting aside the decree?

  1. No

  2. On technical ground

  3. With the consent of parties

  4. Yes


Correct Option: D
Explanation:

Option (1) is incorrect: Can return the plaint

Option (2) is incorrect: No provision of technical grounds

Option (3) is incorrect: Consent of parties not required Option (4) is correct: Under Order VII, Rule 10 of the CPC, it is declared that a court of appeal or revision may return the plaint after setting aside the decree passed in a suit.

Under Section 80 of the Civil Procedure Code, a _____ notice in writing is required to be delivered before institution of a suit against the Government.

  1. ninety-day

  2. sixty-day

  3. three-month

  4. two-month

  5. forty five days


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision

Option (2) is incorrect: No such provision

Option (3) is incorrect: No such provision Option (4) is correct: Under Section 80 of the Code of Civil Procedure, a suit against the Central Government or against a public officer shall not be instituted until the expiration of two months, next after the notice in writing has been delivered to or left at the office of the Secretary of that Government or of public officer.

Where an indigent person succeeds, the court fee shall be

  1. recovered from the defendant

  2. recovered from the state government

  3. recovered from the plaintiff

  4. recoverable


Correct Option: D
Explanation:

Option (1) is incorrect: Where an indigent person succeeds, the court fee shall not be recovered from the defendant.

Option (2) is incorrect: Where an indigent person succeeds, the court fee shall not be recovered from the state government.

Option (3) is incorrect: Where an indigent person succeeds, the court fee shall be recoverable from the plaintiff.  Option (4) is correct: Where an indigent person succeeds, the court fee shall legally be recoverable.

 

Pleading means

  1. plaint only

  2. written statement only

  3. plaint and written statement

  4. plaint, written statement and replication


Correct Option: C
Explanation:

Option (1) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

Option (2) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

Option (3) is correct: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement. Option (4) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

 

Who among the following is/are not entitled to exemption from personal appearance in the court?

  1. Former Indian ruler

  2. Chairman of the State Legislative Councils

  3. The Ministers of States

  4. Collector


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 133 of the Code of Civil Procedure, former Indian ruler is exempted from personal appearance in the court.

Option (2) is incorrect: Under Section 133 of the Code of Civil Procedure, Chairman of the State Legislative Councils

is exempted from personal appearance in the court.
Option (3) is incorrect: Under Section 133 of the Code of Civil Procedure, the Ministers of States are exempted from personal appearance in the court. Option (4) is correct: Collector is not exempted from personal appearance in the court.

Can a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper?

  1. No

  2. With the consent of next friend

  3. Yes

  4. Joint application with next friend


Correct Option: C
Explanation:

Option (1) is incorrect: A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

Option (2) is incorrect: Consent of next friend is not required.

Option (3) is correct: Under Order XXXII, Rule 14(1) of the CPC, a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper. Option (4) is incorrect: No joint application is required with next friend.

Suit for partition of immovable property shall be instituted in the court where/with

  1. plaintiff resides

  2. plaintiff carries on his profession

  3. the subject matter is situated

  4. the permission of the District Judge in the court


Correct Option: C
Explanation:

Option (1) is incorrect: Suit for partition of immovable property shall not be instituted in the court where plaintiff resides.

Option (2) is incorrect: Suit for partition of immovable property shall not be instituted in the court where plaintiff carries on his profession.

Option (3) is correct: Under Section 16 of the Code of Civil Procedure, a suit for partition of immovable property shall be instituted in the court where the subject matter is situated. Option (4) is incorrect: Suit for partition of immovable property shall not require the permission of District Judge to be instituted.

 

The plaint shall be rejected by the court under Order 7, Rule 11(e) of the Civil Procedure Code if it is not filed in

  1. duplicates

  2. triplicates

  3. quadruplicates

  4. live copies


Correct Option: A
Explanation:

Option (1) is correct: The plaint shall be rejected by the court under Order VII, Rule 11(e) of the Code of Civil Procedure if it is not filed in duplicates.

Option (2) is incorrect: No such provision is under Order VII, Rule 11(e) of the Code of Civil Procedure.

Option (3) is incorrect: No such provision is under Order VII, Rule 11(e) of the Code of Civil Procedure. Option (4) is incorrect: No such provision is under Order VII, Rule 11(e) of the Code of Civil Procedure.

 

The plaint shall not be rejected on the condition

  1. where it does not disclose a cause of action

  2. where it is not submitted by an advocate

  3. where the relief claimed is undervalued and is not corrected after the order of the court

  4. where the suit appears from the statement in the plaint to be barred by law


Correct Option: B
Explanation:

Option (1) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(a) of the Code of Civil Procedure if it doesn’t disclose a cause of action.

Option (2) is correct: There is no such provision for the rejection of plaint where it is not submitted by an advocate.

Option (3) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(b) of the Code of Civil Procedure. Option (4) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(f) of the Code of Civil Procedure.
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